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CAUSE OF ACTION (Rule 2) = is there a need to file Barangay?

Yes = RA 1760, applies. If settlement is reached, there must be a compromise Yes agreement. If no settlement is reached, Certificate to File Action (CFA) is issued. Which leads to the filing of a Complaint. No = Complaint is filed directly. No

COMPLAINT

Docket fees Verification Certificate against non-forum shopping forum Provisional remedies Raffle of cases Venue (Rule 4) Jurisdiction Parties (Rule 3)

SUMMONS (Rule 14)

If NOT SERVED = archived; summons by publications If SERVED Defendant may file: Motion for Time Bill of Particulars Motion to Dismiss Modes of Discovery Motion for Reconsideration Motion to Lift Motion for Summary Judgment Plaintiff may file: Notice of Dismissal Motion to Withdraw Amendment /Supplemental Complaint Motion to Declare Defendant in Default Motion to Archive

ANSWER

Defendant files an ANSWER Counterclaim (permissive/compulsory) Crossclaim Intervention Defenses (affirmative/negative) When to file responsive pleadings Amended and supplementary answer Opposition to various motions Amended or supplementary pleading (Rule 10) Discovery procedures Plaintiff files an ANSWER Motion for Judgment on the Pleadings Amended and Supplemental Complaint Motion to Expunge Answer to Counterclaim Motion for Summary Judgments Modes of Discovery Motion to Dismiss (Rule 16) Reply Motion to Set Case for Pre-Trial

REACHED = a compromise agreement shall be signed and submitted to the court by the parties NOT REACHED = mediation conference is terminated and case will be referred back to the court for continuation of proceedings Mediation Conference Pre-marking of Exhibits Preliminary Conference Pre-trial Brief Pre-trial Order Discovery Procedure (Rule 23 23-29) Judicial Dispute Resolution (JDR)

PRE-TRIAL (Rule 18)

TRIAL (Rule 30)

Order of Trial (130 and 132) Order Order of Examination of Witness Order Trial by Commissioner (Rule 32) Trial Consolidation or Severance (Rule 31) Consolidation Subpoena (Rule 21)

Plaintiffs Evidence-in-Chief

Documentary Testimonial

EXHIBITS

Formal Offer of Exhibits = after the plaintiff is finished presenting his evidence-inFormal evidence chief Objections or Oppositions = to formal offer of exhibits by defendant Objections Order of Admission = of exhibits is issued by the court Order
After PLAINTIFF rests his case, Defendant has 2 options Defendant presents his evidence evidence-in-chief : wherein Defendant files his offer of exhibits Defendant files a DEMURRER TO EVIDENCE (Rule 33) If GRANTED = case is dismissed If DENIED = defendant presents evidence If GRANTED but ON APPEAL = order of dismissal is reversed, defendant is deemed to have waived his right to present evidence If PLAINTIFF files his objection or opposition to the formal offer of exhibits COURT issues an order admitting the exhibits DEFENDANT rests his case

PLAINTIFF RESTS HIS CASE

3rd/4th (etc) Plaintiff and Defendant

presents evidence Same order of presentation of witness Same rules with the plaintiff and defendant 3rd/4th (etc) Plaintiff/Defendant rests his case Plaintiff presents rebuttal evidence Same rules on the presentation of witness Same rules on formal offer and admission of exhibits Defendant presents sur-rebuttal same rules apply 3rd/4th (etc) party Defendant and Plaintiff presents rebuttal and sur-rebuttal evidence Court may direct the parties to file their respective memorandum

JUDGMENT (Rule 36)

Contents of judgment Contents Entry of judgment Entry

POST JUDGMENT REMEDY

Before Finality Motion for Reconsideration (Rule 37) Motion for New Trial (Rule 37) Appeal (Rule 40-45) After Finality Petition for Relief (Rule 63) Annulment of Judgment (Rule 47) Petition for Certiorari (Rule 45 or Rule 65)

EXECUTION

Writ of Execution Writ Satisfaction of Judgment Satisfaction